Part 4 F1
Provisions coming into operation on 2nd December 2019 in so far as it relates to an act that is a deprivation of liberty
| Provisions of the Act | Subject Matter |
|---|---|
| Section 9(1) to (3) | Protection from liability - general |
| Section 9(4)(b) | Protection from liability – additional safeguards |
| In section 9(4)(d) “sections” and “24,26” | Protection from liability – additional safeguards |
| Section 9(5) and (6) | Protection from liability – help and support and parents |
| Section 10(1) | Limitations of section 9 |
| Sections 13 to 15 | Additional safeguards – formal assessment of capacity and nominated persons |
| Section 24 | Deprivation of liberty – additional safeguards |
| Section 25 and Schedule 1 paragraphs 1, 2(1), 2(2)(b), 2(3), 2(4)(b), 3, 5 to 8, 10, 13 to 16, 19, 20 and 22 to 27 and Schedule 2 | Deprivation of liberty – additional safeguards |
| Sections 26 and 27 | Deprivation of liberty – additional safeguards |
| Sections 37 to 39 | Extensions of authorisation |
| Section 40 and Schedule 3 paragraphs 1, 2(1), 2(2), 2(3)(a), 3 to 9 | Extension of authorisation |
| Section 41(1), (2)(b), (3) and (4) | Extensions of authorisation |
| Section 42 | Extensions of authorisation |
| Section 43(1) to (6) and (7)(a) | Extensions of authorisation |
| Section 44 | Extensions of authorisation |
| Section 45(1) to (3) | Review Tribunal applications |
| Section 45(4) but omitting “section 29(4) or 32(4) or” | Review Tribunal applications |
| Sections 46 to 48 | Review Tribunal applications |
| Section 50(1)(a), (b) but omitting “or (d)”, (c), (2) and (3) | References to the Tribunal |
| Section 51(1) to (3), (4)(b) and (5) | Review Tribunal powers |
| Sections 52 and 53 | Review Tribunal powers |
| Section 54 | Medical reports and nominated person |
| Section 56(1), (2)(a), (3) and (4) | Medical reports and emergency situations |
| Sections 57 to 59 | Provisions of information and other supplementary provisions |
| Section 60(1) and (2)(d) | Acts where Part 2 is not applicable |
| Sections 61 and 62 | Power to make further provisions and disregard |
| Section 63(2)(a) | Protection from liability – definition of serious intervention |
| Section 64 | Protection from liability – definition of serious intervention |
| Section 65(1) but omitting “16” to “20” and “28 and 35”, (2) to (5) | Emergency provisions |
| Section 66(1)(a), (b), (d) but omitting “19,20” and “28”, (2) to (6) | Emergency provisions – definitions etc |
| Sections 67 to 68 | Failure by person other than D to take steps to ensure safeguards are met and interpretations of Part 2 |
| Sections 69 to 79 | Nominated persons provisions |
| Section 80(1) to (4), (5)(a) to (c), (f) and (g), (6) and (7) | Nominated persons provisions |
| Sections 81 to 85 | Nominated persons provisions |
| Section 267(1), (2)(a), (3) and (4) | Offence of ill-treatment and neglect |
| Section 268(1), (2), (3)(a), (c), (d), (4), (5) | Offence of forgery, false statement, etc |
| Section 270 | Offence of assisting a person to absent themselves |
| Section 272(1) to (3), (4)(b) until “48” and (c) but omitting “or 126” | Offences of obstruction |
| Section 273 | Offences by bodies corporate |
| Section 275 | Review Tribunal |
| Section 280 | Approved social workers |
| Section 281 | Miscellaneous functions of HSC trusts |
| Section 288(1)(a) to (c), (e) and (i), (2) to (8) | Code of Practice |
| Section 289(1), (2)(a), (b), (3) and (4) | Code of Practice |
| Sections 290(1) and (2)(a), (c) and (d) and 291(1) and (2)(a) and (c) and (3) | Provision of information and facilities |
| Section 292 | Warrants |
| Section 296 | Special accommodation |
| Section 297 | Trust panels |
| Section 299 | Risk of serious physical harm to others |
| Section 300(1)(a) and (c) to (e), and (2) to (4) | Medical practitioners who can make medical reports |
| Section 301 | Documents appearing to be duly made |
Annotations
Textual amendments
- F1
Sch. substituted (27.9.2019) by The Mental Capacity (2016 Act) (Commencement No. 1) (Amendment) Order (Northern Ireland) 2019 (S.R. 2019/190), art. 2(3)